Harker v. PNC Mortg. Co. (In Re Oakes)

JULIA SMITH GIBBONS, Circuit Judge.

*526 The Bankruptcy Code provides trustees with numerous strongarm powers, including avoidance powers, that allow trustees to succeed to the rights of a judicial lien holder, execution creditor, and bona fide purchaser of real property. In 2013, the Ohio legislature enacted legislation which offered further protections to mortgage-holders. In analyzing that legislation, the Ohio Supreme Court found that recording a mortgage, even a defectively executed mortgage, provides constructive notice "to the world" of the existence of that mortgage. Thus, a trustee may no…